Arjun Babu Shrestha v Registrar of Approved Driving Instructors

1. This is an appeal against a decision of the Registrar of Approved Driving Instructors (the “Registrar”) to refuse the Appellant’s application for a third trainee licence.

2. Under Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, the Tribunal may strike out the whole or part of the proceedings if the Tribunal considers there is no reasonable prospect of the appellant's case, or part of it, succeeding.

3. The Registrar has applied for the appeal to be struck out because it has no reasonable prospects of success. This is because the Appellant has failed their third attempt to pass the instructional ability test. A trainee licence remains in force only until the day immediately following the trainee's third unsuccessful attempt at the instructional ability test (regulation 14(b)of the Motor Cars (Driving Instruction) Regulations 2005).

4. This application was made on 30 April 2024 and copied to the Appellant. On 30 May 2025 the Appellant wrote to the Tribunal asking for the appeal to be struck out, as they had been advised by the Registrar to start afresh with the qualification process after failing the third attempt at the instructional ability test.

5. The Registrar cannot grant a trainee licence following a trainee's third unsuccessful attempt at the instructional ability test. Similarly, the Tribunal is not able to do so. This means that the appeal has no reasonable prospect of success. The correspondence from the Appellant indicates that they agree with this position and also want the appeal to be struck out.

6. I therefore strike out the appeal because there is no reasonable prospect of the Appellant's case, or part of it, succeeding.